Conditions of detention amounting to torture, cruel, inhuman, or degrading treatment

Facts

Author alleged that the conditions of her detention in Belarus, which caused her physical and mental suffering, amounted to a violation of her rights under articles 7 and 10 (1) of the ICCPR. These conditions included poor sanitation and hygiene (including improper latrine, rodents and spiders, lack of ventilation, stale air), a hostile sleep environment (lack of mattress, pillow, or blanket, poor lighting which disrupted sleep), solitary confinement (in a space too small to sit in), and cold temperatures. She further alleged that, by detaining her in a facility guarded only by male guards, the State party violated her rights under articles 2, 3, and 26 of the Covenant. Lastly, she claimed that, by dismissing her complaint, the State party violated her article 14 (1) rights.

Admissibility

The Committee found her communication partially admissible on the following grounds: (i) despite not being a national of Belarus, the author was subject to the State party’s jurisdiction and thus fell under the ambit of article 1 of the Optional Protocol; and (ii) that she had sufficiently substantiated her allegations under articles 7 and 10 (1) of the Covenant. As to the alleged violation of the author’s rights under articles 2, 3, 14 (1) and 26 of the Covenant, the Committee found the claims to have been insufficiently substantiated for the purposes of admissibility.

Merits

The Committee found that the conditions of the author’s detention did amount to a violation of articles 7 and 10(1) of the ICCPR. It found that the conditions described by the author were not contested by the State Party and were consistent with the findings of the Committee against Torture.

Recommendations

The Committee noted that the merits of the case warranted the State to make a full and sufficient reparation to the author, and to take all steps necessary to prevent similar violations from occurring in the future.

Implementation

January 7, 2022